Reference Guidelines, Applicability, Storage Tank System Requirements, Repairs, Operation and Maintenance, Out-of-Service and Closure Requirements

 

DEPARTMENT OF ENVIRONMENTAL PROTECTION

RULE NOS.:RULE TITLES:

62-761.210Reference Guidelines

62-761.300Applicability

62-761.500Storage Tank System Requirements

62-761.700Repairs, Operation and Maintenance

62-761.800Out-of-Service and Closure Requirements

NOTICE OF CHANGE

Notice is hereby given that the following changes have been made to the proposed rule in accordance with subparagraph 120.54(3)(d)1., F.S., published in Vol. 49 No. 60, March 28, 2023 issue of the Florida Administrative Register.

62-761.210 Reference Guidelines.

(1) Reference guidelines listed in paragraphs 62-761.210(2)(a) through (n), F.A.C., ­that are copyright protected are available for inspection during business hours at the Department of Environmental Protection’s Tallahassee Office located at 2600 Blair Stone Road, Tallahassee, Florida 32399-2400, or the Department of State, R.A. Gray Building, 500 South Bronough Street, Tallahassee, Florida 32399-0250, in accordance with s. 120.54(1)(i)3.b., F.S., or available and directly from the source. Secondary references found within the following primary reference guidelines that have insufficient information to obtain those references can be obtained as provided in the document titled UST Appendix A – Secondary References, [Month] 2023 Edition, hereby adopted and incorporated by reference, located here: [App A LINK], or the Department of Environmental Protection or the Department of State address listed above. All other secondary references can be obtained through the following reference guidelines.

(2) through (3) No change.

Rulemaking Authority 376.303 FS. Law Implemented 376.303 FS. History–New 12-10-90, Formerly 17-761.210, Amended 7-13-98, 6-21-04, 1-11-17, 10-13-19,                              .

Editorial Note: Portions of this rule were relocated to Rule 62-761.420, F.A.C., on 1-11-2017.

 

62-761.300 Applicability.

(1) No change.

(2) Exemptions: The following underground systems are exempt from the requirements of this chapter:

(a) through (u) No change.

(v) Any rail or tanker truck loading or unloading operations (loading racks) specified in Chapter 28 of Flammable and Combustible Liquids Code, Bulk Loading and Unloading Facilities for Tank Cars and Tank Vehicles, NFPA 30, 2021 Edition, hereby adopted and incorporated by reference and available from the publisher at NFPA, 1 Batterymarch Park, Quincy, Massachusetts 02169-7471, [phone], or at the publisher’s website at www.nfpa.org/., Copyright protected documents are available for inspection at or the Department of Environmental Protection or the Department of State address provided located in subsection 62-761.210(1), F.A.C.

Rulemaking Authority 376.303 FS. Law Implemented 376.303 FS. History–New 12-10-90, Formerly 17-761.300, Amended 7-13-98, 6-21-04, 1-11-17, 7-9-19,                  .

 

62-761.500 Storage Tank System Requirements.

(1) General requirements.

(a) No change.

(b) Secondary containment.

1. through 3. No change.

4. If factory-made single-walled spill containment systems or single-walled sumps are installed on the system, a containment integrity test shall be performed before the component is placed into service in accordance with the manufacturer’s testing requirements. For system components without manufacturer containment integrity testing specifications, PEI/RP1200-19, 2019 Edition shall be used. PEI RP1200-19 is the Recommended Practices for the Testing and Verification of Spill, Overfill, Leak Detection and Secondary Containment Equipment at UST Facilities, hereby adopted and incorporated by reference, and, as a copyright protected document, is available for inspection at the Department of Environmental Protection or the Department of State address provided located in subsection 62-761.210(1), F.A.C., or the publisher at PEI, Post Office Box 2380, Tulsa, Oklahoma 74101-2380, [phone], or the publisher’s website at www.pei.org/. For field-fabricated components the tests shall be at least for 24 hours in accordance with manufacturer’s requirements.

5. An interstitial integrity test shall be performed on the storage tank after it is delivered and installed at the facility and before the storage tank is placed into service. This test shall be performed in accordance with manufacturer’s requirements. For storage tanks without manufacturer’s interstitial integrity testing specifications, PEI/RP100-20, 2020 Edition shall be used. PEI/RP100-20 is hereby adopted and incorporated by reference, and, as a copyright protected document, is available for inspection at the Department of Environmental Protection or the Department of State address provided located in subsection 62-761.210(1), F.A.C., or the publisher at PEI, Post Office Box 2380, Tulsa, Oklahoma 74101-2380, [phone], or the publisher’s website at www.pei.org/: Recommended Practices for Installation of Underground Liquid Storage Systems, PEI/RP100-20, 2020 Edition; and PEI/RP1200-19, 2019 Edition.

6. through 7. No change.

(c) through (e) No change.

(f) All storage tank systems shall be installed in accordance with the following reference guidelines, hereby adopted and incorporated by reference, and, as copyright protected documents, are available for inspection at the Department of Environmental Protection or the Department of State address provided given in subsection 62-761.210(1), F.A.C.:

1. through 5. No change.

(g) Storage tanks with field-fabricated internal secondary containment shall be installed in accordance with the following manufacturer’s specifications, hereby adopted and incorporated by reference, and, as copyright protected documents, are available for inspection at from the Department of Environmental Protection or the Department of State address provided in subsection 62-761.210(1), F.A.C.:

1. through 2. No change.

(h) through (i) No change.

(2) Storage tank installation.

(a) through (b) No change.

(c) Cathodically protected double-walled steel tanks shall be registered in accordance with subsection 62-761.850(2), F.A.C., and shall be:

1. through 3. No change.

4. Certified by a Nationally Recognized Testing Laboratory for any field-installed cathodic protection system, that these requirements are met, constructed, and designed by a Corrosion Professional in accordance with the following document: External Corrosion Control of Underground Storage Tank Systems by Cathodic Protection, NACE Standard SP0285-2021, 2021 Edition, hereby adopted and incorporated by reference, and is available from the publisher at AMPP (The Association for Materials Protection and Performance, formerly NACE International), AMPP, 15835 Park Ten Place, Houston, Texas, [phone], or the publisher’s website at https://www.ampp.org/home.,  Copyright protected documents are available for inspection at or the Department of Environmental Protection or the Department of State address provided listed in subsection 62-761.210(1), F.A.C.

(3) Integral piping.

(a) through (c) No change.

(d) Construction requirements.

1. Fiberglass reinforced plastic integral piping or other non-metallic double-walled integral piping installed in contact with the soil at a facility shall meet the requirements of Nonmetallic Underground Piping for Flammable Liquids, UL 971, May 2021, 2nd Edition, or shall be certified by a Nationally Recognized Testing Laboratory that these requirements are met, and registered in accordance with subsection 62-761.850(2), F.A.C. UL 971, May 2021, 2nd, is hereby adopted and incorporated by reference, and is available from the publisher at UL, 333 Pfingsten Road, Northbrook, Illinois 60062-2096, [phone], or from the publisher’s website at www.ul.com., Copyright protected documents are available for inspection at or the Department of Environmental Protection or the Department of State address provided listed in subsection 62-761.210(1), F.A.C.

2. Coated steel double-walled integral piping shall be constructed in accordance with ASME B31.3, 2020 Edition, incorporated by reference in subparagraph 62-761.500(1)(f)4., F.A.C. In addition, steel integral piping in contact with the soil shall be cathodically protected in accordance with the following documents: Cathodic Protection of Underground Petroleum Storage Tanks and Piping Systems, API Recommended Practice 1632, (R2010) 3rd Edition, May 1996, hereby adopted and incorporated by reference and, as a copyright protected document, is available for inspection at the Department of Environmental Protection or the Department of State address provided in subsection 62-761.210(1), F.A.C., or the publisher at API, 1220 L Street, N.W. Washington, D.C. 20005, [phone], or the publisher’s website at http://www.api.org/; Control of External Corrosion on Underground or Submerged Metallic Piping Systems, NACE Standard SP0169-2013 (formerly RP0169), 2013 Edition, hereby adopted and incorporated by reference and, as a copyright protected document, is available for inspection at the Department of Environmental Protection or the Department of State address provided in subsection 62-761.210(1), F.A.C., or the publisher at AMPP (The Association for Materials Protection and Performance, formerly NACE International), AMPP, 15835 Park Ten Place, Houston, Texas, [phone], or the publisher’s website at https://www.ampp.org/home; and Recommended Practice for Corrosion Protection of Underground Piping Networks Associated with Liquid Storage and Dispensing Systems, STI R892, Revised January 2006, hereby adopted and incorporated by reference, and, as a copyright protected document, is available for inspection at from the Department of Environmental Protection or the Department of State address provided in subsection 62-761.210(1), F.A.C., or the publisher at Steel Tank Institute (STI), 944 Donata Court, Lake Zurich, Illinois 60047, [phone], or from the publisher’s website at https://www.steeltank.com/ individual addresses given in subsections 62-761.210(1) and (2), F.A.C.

3. Metallic double-walled integral piping constructed of nonferrous materials, such as copper, does not require cathodic protection and shall be constructed in accordance with the requirements in Chapter 27 of NFPA 30, 2021 Edition, Flammable and Combustible Liquids Code, Piping System, incorporated by reference in paragraph 62-761.300(2)(v), F.A.C.

4. Metallic single-walled vertical fill piping does not require cathodic protection and shall be constructed in accordance with the requirements in Chapter 27 of NFPA 30, 2021Edition, Flammable and Combustible Liquids Code, Piping Systems, incorporated by reference in paragraph 62-761.300(2)(v), F.A.C.

5. No change.

(e) No change.

(f) Pressurized integral piping systems connected to dispensers shall be installed with shear valves or emergency shutoff valves in accordance with Section 6.3 of NFPA 30A, 2021 Edition, Code for Motor Fuel Dispensing Facilities and Repair Garages, Requirements for Dispensing Devices, incorporated by reference in subparagraph 62-761.500(1)(f)3., F.A.C. These valves shall be designed to close automatically if a dispenser is displaced from its normal position. The valves shall be rigidly anchored independently of the dispenser. The valves shall be tested in accordance with PEI/RP1200-19, 2019 Edition, incorporated by reference in subparagraph 62-761.500(1)(b)4., F.A.C., at the time of installation by a certified contractor to confirm that the automatic closing function of the valve operates properly and that the valve is properly anchored.

(g) All storage tank systems located at an elevation that produces a gravity head on integral piping positioned below the product level in the storage tank must be installed and maintained with an isolation block valve in accordance with Chapter 22.13 of NFPA 30, 2021 Edition, Flammable and Combustible Liquids Code, Tank Openings Other Than Vents, incorporated by reference in paragraph 62-761.300(2)(v), F.A.C., and located as close as practical to the storage tank, regardless of the date of installation of the storage tank system. In addition, anti-siphon valves shall be installed and maintained in accordance with Section 11.2 of NFPA 30A, 2021 Edition, Code for Motor Fuel Dispensing Facilities and Repair Garages, Marine Fueling – Storage, regardless of the date of installation of the storage tank system. NFPA 30A, 2021 Edition, is incorporated by reference in subparagraph 62-761.500(1)(f)3., F.A.C.

(h) through (j) No change.

(4) Spill containment systems.

(a) No change.

(b) Fillbox covers.

1. Effective [12 months from effective date of rule], regardless of the date of installation of the storage tank system, fillbox covers shall be marked or the fill connection tagged and facility signage shall be prominently displayed in accordance with the following document, hereby adopted and incorporated by reference: Using the API Color-Symbol System to Identify Equipment, Vehicles, and Transfer Points for Petroleum Fuels and Related Products at Dispensing and Storage Facilities and Distribution Terminals, API Recommended Practice 1637, 4th Edition, April 2020. API 1637 is copyright protected and available for inspection at the Department of Environmental Protection or the Department of State address provided in subsection 62-761.210(1), F.A.C., or the American Petroleum Institute information provided in See paragraph 62-761.210(2)(b), F.A.C., for access information.

2. For aviation facilities, regardless of the date of installation of the storage tank system, fillbox covers shall be marked or the fill connection tagged, and facility signage shall be prominently displayed in accordance with the following document, hereby adopted and incorporated by reference Identification Markings for Dedicated Aviation Fuel Manufacturing and Distribution Facilities, Airport Storage and Mobile Fuelling Equipment, EI 1542, 9th Edition, July 2012. EI 1542 is copyright protected and available for inspection at the of Environmental Protection or the Department of State address provided in subsection 62-761.210(1), F.A.C., or the Energy Institute information provided in See paragraph 62-761.210(2)(d), F.A.C., for access information.

3. No change.

(c) through (d) No change.

(5) through (6) No change.

(7) Overfill protection.

(a) No change.

(b) Storage tank systems shall be equipped with an overfill device that meets one of the following:

1. No change.

2. Restricts flow to the storage tank when the storage tank is no more than 90 percent full and does not fill the storage tank beyond 95 percent capacity. Flow restrictors, such as ball float valves, used in vent lines may not be used when overfill protection is installed or replaced after January 11, 2017. Flow restrictors installed before January 11, 2017, may only be used if the storage tank system meets the requirements of Section 7 of PEI/RP100-20, 2020 Edition, Recommended Practices for Installation of Underground Liquid Storage Systems, UST Overfill Equipment Verification, Inspection and Testing, incorporated by reference in subparagraph 62-761.500(1)(b)5, F.A.C.; or,

3. No change.

(c) through (g) No change.

Rulemaking Authority 376.303 FS. Law Implemented 376.303 FS. History–New 12-10-90, Amended 5-4-92, Formerly 17-761.500, Amended 9-30-96, 7-13-98, 6-21-04, 1-11-17, 10-13-19,                           .

 

62-761.700 Repairs, Operation and Maintenance.

(1) No change.

(2) Cathodic protection.

(a) No change.

(b) Inspection and testing requirements.

1. Storage tank systems equipped with cathodic protection must be inspected, tested, and evaluated by or under the direction of a Corrosion Professional within six months of installation or repair and at least every year, or every three years for factory-installed (galvanic) cathodic protection systems, thereafter in accordance with the criteria contained in AMPP, formerly NACE International, Standards SP0169-2013, incorporated by reference in subparagraph 62-761.500(3)(d)2., F.A.C., and SP0285-2021, incorporated by reference in subparagraph 62-761.500(2)(c)4., F.A.C.; or STI R051-17 Cathodic Protection Testing Procedures for sti-P3® UST’s, (R051), Revised April 2017, as applicable, regardless of the date of installation of the storage tank system. STI R051-17, Revised April 2017, is hereby adopted and incorporated by reference, and available from the publisher at Steel Tank Institute (STI) publisher at STI, 944 Donata Court, Lake Zurich, Illinois 60047, [phone], or from the publisher’s website at https://www.steeltank.com/. AMPP (The Association for Materials Protection and Performance, formerly NACE International), 15835 Park Ten Place, Houston, Texas 77084, [phone], or the publisher’s website at https://www.ampp.org/home, or The copyright protected documents in this subparagraph are available for inspection at the Department of Environmental Protection or the Department of State address provided listed in subsection 62-761.210(1), F.A.C. All cathodic protection systems shall either have permanent test stations for soil-to-structure potential measurements or use temporary field test stations for required testing in accordance with this subparagraph.

2. No change.

(c) through (d) No change.

(3) No change.

Rulemaking Authority 376.303 FS. Law Implemented 376.303, 403.091, 489.133 FS. History–New 3-12-91, Formerly 17-761.700, Amended 9-30-96, 7-13-98, 6-21-04, 1-11-17, 7-9-19,                .

 

62-761.800 Out-of-Service and Closure Requirements.

(1) No change.

(2) Closure of storage tank systems.

(a) No change.

(b) Closure of storage tank systems shall be performed by:

1. through 3. No change.

4. Removing and disposing of a storage tank by a Certified Contractor, or in-place closure by filling the storage tank with a solid inert material of sufficient density to prevent a structural collapse of the closed storage tank, which shall be in accordance with the following copyright protected documents, hereby adopted and incorporated by reference, and available from the addresses provided given, regardless of the date of installation of the storage tank system: Closure of Underground Petroleum Storage Tanks, API Recommended Practice 1604, 4th Edition, February 2021, available for inspection at the Department of Environmental Protection or the Department of State address provided listed in subsection 62-761.210(1), F.A.C., or from the publisher at API, 1220 L Street, N.W. Washington, DC 20005, [phone], or the publisher’s website at http://www.api.org/; and Temporarily Out of Service, Closure in Place, or Closure by Removal of Underground Storage Tanks, NFPA 30 (Annex C), 2020 Edition, available at the Department of Environmental Protection or the Department of State address provided listed in subsection 62-761.210(1), F.A.C., or from the publisher at NFPA, 1 Batterymarch Park, Quincy, Massachusetts 02169-7471, [phone], or at the publisher’s website at www.nfpa.org/. In lieu of in-place closure or removal, a storage tank may be used to store liquids other than regulated substances in accordance with API Recommended Practice 1604, 4th Edition, February 2021. Owners and operators are advised that other federal, state, or local requirements apply that regulate these activities; and,

5. through 6. No change.

(3) No change.

Rulemaking Authority 376.303 FS. Law Implemented 376.303, 376.30716 FS. History–New 12-10-90, Formerly 17-761.800, Amended 9-30-96, 7-13-98, 6-21-04, 1-11-17, 10-13-19,                           .